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PARRIS N. GLENDENING, Governor H.B. 685
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(i) The person served with the notice fails to comply with the
requirements of the notice; or
(ii) Although the person served complies with the requirements of
the notice, the nuisance is likely to recur on the same property
(2) A complaint filed under this subsection may seek a court order
requiring the person served with the notice to [do any or all of the following]:
(i) [To comply] COMPLY with the requirements of the Secretary's
abatement [notice.] NOTICE;
(ii) [To abate] ABATE the nuisance within a time specified in the
[order.] ORDER;
(iii) [To prevent] PREVENT the nuisance from [recurring.]
RECURRING; OR
(IV) PAY A FINE OF NOT MORE THAN $1,000.
20-308.
(a) [(1)1 If, after investigation, the Secretary OR A LOCAL HEALTH OFFICER
finds that [any of the following conditions exists, the place or thing as to which the
condition exists is in a state of nuisance:
(i) The contents overflow or leak from an outhouse, a water closet,
a septic tank, or a cesspool and present a hazard to public health.
(ii) An outhouse, a water closet, or a cesspool is not flytight and
watertight and presents a hazard to public health.
(2) The] A NUISANCE EXISTS THAT PRESENTS AN IMMEDIATE HAZARD
TO PUBLIC HEALTH, THE Secretary OR LOCAL HEALTH OFFICER MAY summarily
[may] abate [any condition that is in a state of] THE nuisance [under this
subsection].
(h) Before summarily abating a nuisance under this section, the Secretary OR
A LOCAL HEALTH OFFICER shall:
(1) Serve an abatement order on the owner of the property where the
nuisance exists or, if the owner cannot be found, on the occupant or tenant of the
property; or
(2) If the property is unoccupied and the owner cannot be found, attach
an abatement order to the property where the nuisance exists.
(c) (1) The abatement order shall require and state:
(i) A time period within which the owner, occupant, or tenant of the
property where the nuisance exists shall abate the nuisance; and
(ii) The work and materials necessary to abate the nuisance.
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- 5197 -
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